Cloer v. Life & Casualty Insurance

Almand, Justice.

Arlon B. Cloer brought an equitable petition against the Life & Casualty Insurance Company of Tennessee. The amended petition alleged that plaintiff has two life insurance policies with the defendant each of which has a total and permanent disability rider; “that for the past three (3) years, plaintiff has been totally incapacitated,” and that he has been and is unable to carry on his business. The petition also alleged that the defendant had waived all premiums due under the policies pursuant to the disability riders; that although his physical condition had not improved but…